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Old 05-14-2021, 10:18 AM
 
Location: USA
2,522 posts, read 990,331 times
Reputation: 7142

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Quote:
Originally Posted by JONOV View Post
I still don't understand how a fence inside a property line means anything at all. I the concern comes when MY fence enroaches on the neighbor's yard. And maybe that's where the question is; it isn't understood whose fence it actually is.
My fence was inside my property line so the neighbor had additional property on his side of the fence that actually was my property. The fence agreement stated that my property on his side of the fence was not being ceded to him and still belonged to me notwithstanding the position of the fence.

When and if a new fence needs to be erected, the new owners can place the fence on the true property line and all their property will be on the same side of the fence.
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Old 05-14-2021, 10:52 AM
 
Location: NC
7,869 posts, read 10,397,092 times
Reputation: 16676
I don’t see ANY problem except for one. Suppose the neighbor property is sold and the new owner wants to remove the fence. It’s on his property but you invested 50% of the original cost. But how likely is that unless the fence is all worn out and ugly. Nonetheless it’s notable.

But if you sell your place while the fence is present just tell the buyer it’s not your fence. They can build a parallel one if they want to.

An alternative is for you to “buy” or trade the two feet from your neighbor by shifting the property line. In many states this is very easy and acceptable as long as critical setbacks are maintained. But it might be overkill.
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Old 05-14-2021, 11:50 AM
 
Location: Raleigh
11,074 posts, read 8,457,396 times
Reputation: 15691
Quote:
Originally Posted by Lillie767 View Post
My fence was inside my property line so the neighbor had additional property on his side of the fence that actually was my property. The fence agreement stated that my property on his side of the fence was not being ceded to him and still belonged to me notwithstanding the position of the fence.

When and if a new fence needs to be erected, the new owners can place the fence on the true property line and all their property will be on the same side of the fence.
No, he didn't. You had a fence, and property on either side.

It seems odd to me. How does the fence signify anything, unless I use it to encroach on someone else's land?

If I park my boat on my land, 2 feet from the property line, it doesn't mean my neighbor owns the two feet between the property line and the boat.

If I park my boat 2 feet onto my neighbor's property, then my neighbor might want to take note for the same reasons that he would if I put a fence 2 feet onto his property.
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Old 05-14-2021, 11:56 AM
 
9,277 posts, read 3,489,080 times
Reputation: 12061
Quote:
Originally Posted by Diana Holbrook View Post
Unless he files some kind of a grievance with the city/county, the property markers are of no consequence. Let him put the marker up. It doesn't affect you and it's not worth moving the fence. Just don't put a building or anything permanent there.

The letter and the marker establish that the property line is known and the encroachment is known and with permission. That prevents an adverse possession claim. I wouldn't worry about it at all.

No disrespect intended but this makes me wince a little. Boundary line disputes are legal matters and OP should consult a local attorney. That letter might not be enforceable in that jurisdiction or it might contain errors that compromises or weakens the OP's position. And as luv4horses noted, that letter may become null and void if OP's neighbor sells. If the OP lives in a state that allows boundary line fences the right solution is to either move the fence or do a lot line adjustment and move the property line (OP would buy the sliver of property) -- but after consulting with an attorney.
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Old 05-14-2021, 12:35 PM
 
7,811 posts, read 9,885,645 times
Reputation: 14333
Quote:
Originally Posted by Elliott_CA View Post
No disrespect intended but this makes me wince a little. Boundary line disputes are legal matters and OP should consult a local attorney. That letter might not be enforceable in that jurisdiction or it might contain errors that compromises or weakens the OP's position. And as luv4horses noted, that letter may become null and void if OP's neighbor sells. If the OP lives in a state that allows boundary line fences the right solution is to either move the fence or do a lot line adjustment and move the property line (OP would buy the sliver of property) -- but after consulting with an attorney.
Your concerns seem to be moot since it is the OP who is the one benefiting from the use of additional land.
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Old 05-14-2021, 12:41 PM
 
Location: North Beach, MD on the Chesapeake
36,952 posts, read 48,206,703 times
Reputation: 48219
Quote:
Originally Posted by Elliott_CA View Post
No disrespect intended but this makes me wince a little. Boundary line disputes are legal matters and OP should consult a local attorney. That letter might not be enforceable in that jurisdiction or it might contain errors that compromises or weakens the OP's position. And as luv4horses noted, that letter may become null and void if OP's neighbor sells. If the OP lives in a state that allows boundary line fences the right solution is to either move the fence or do a lot line adjustment and move the property line (OP would buy the sliver of property) -- but after consulting with an attorney.
And it's quite possible that "lot line adjustment" would create a non-conforming lot (which should be caught during the Planning and Zoning review if not sooner by an employee) and disallowed.

If it would slip through there would be way more issues upon sale than a notation that a fence doesn't indicate the lot line.

I'd like to see what you guys say about who owns what on lots with an interior fenced dog run.
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Old 05-14-2021, 12:57 PM
 
Location: USA
2,522 posts, read 990,331 times
Reputation: 7142
Many jurisdictions recognize adverse possession.

Adverse possession is a doctrine under which a person in possession of land owned by someone else may acquire valid title to it, so long as certain common law requirements are met, and the adverse possessor is in possession for a sufficient period of time, as defined by a statute of limitations.

https://www.law.cornell.edu/wex/adverse_possession

Without an understanding and agreement of where the property of neighbor begins and ends, after a period of time, the fence can be construed as the boundary line.
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Old 05-14-2021, 01:31 PM
 
Location: Raleigh
11,074 posts, read 8,457,396 times
Reputation: 15691
Quote:
Originally Posted by Lillie767 View Post
Many jurisdictions recognize adverse possession.

Adverse possession is a doctrine under which a person in possession of land owned by someone else may acquire valid title to it, so long as certain common law requirements are met, and the adverse possessor is in possession for a sufficient period of time, as defined by a statute of limitations.

https://www.law.cornell.edu/wex/adverse_possession

Without an understanding and agreement of where the property of neighbor begins and ends, after a period of time, the fence can be construed as the boundary line.
Can be, but the fence is subordinate to the stakes that are most likely currently in the ground if one wanted to go out with a metal detector.

Not fencing all of my property is different than me fencing in YOUR property.
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Old 05-14-2021, 04:08 PM
 
6,905 posts, read 8,006,035 times
Reputation: 18296
In my jurisdiction, you MUST have a current survey with boundaries clearly marked in order to get a permit to install a fence, and the company doing the installing won't touch the project without seeing and affirming both items.
'
As to the poster who said hooey to marking the corners, i strongly disagree. It is a great idea for all to know where the boundary lines exactly are. I can show you a development where each sort of pie-shaped piece of property was being mowed, and the boundaries assumed, some 20 feet from where the real lines were actually located. It was all fine except the guy about six houses down only had about 2/3 as much yard as he thought he had.
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Old 05-15-2021, 12:26 AM
 
Location: SW Florida
5,186 posts, read 6,993,314 times
Reputation: 9735
OP, do you not care about the fact you paid half the cost of a fence that's entirely on your neighbor's property? I feel like that is rather ballsy of him to tell you this now after he got you to buck up half the cost. Tell him you want your money back or have the fence moved to the property line. And why would the neighbor decide to get the survey AFTER the fence was installed?

Not that it will help you but when I had a fence installed, I had to get a survey done before the installers would touch it. And the fence had to be a couple inches inside my property line.
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